MARUTI BABAJI VADEKAR Vs. RAMCHANDRA BALVANT PUNEKAR

JUDGEMENT

(1.) This was a suit brought by the plaintiff to recover the sum of Rs. 9, 900 alleged to have been deposited with the defendant by one Meghagir and for a declaration that the settlement dated April 7, 1921, passed by Meghagir in favour of Anusuya and Umedmal was void as against the plaintiff.

(2.) The plaintiff Punekar obtained a decree against Meghagir in suit No. 325 of 1921 for Rs. 5, 620-3 0 and filed darkhast (Exhibit 26) No. 757 of 1921 on July 6, 1921. The defendant Wadekar made an application No. 293 of 1921 (Exhibit 24) on October 4, 1921, to raise the attachment against the house attached on the ground that he had become the purchaser, and on January 7, 1922, the attachment was raised on the ground that the property did not belong to Meghagir, the judgment-debtor, and the darkhast No. 757 of 1921 was disposed of on January 30, 1922.

(3.) Punekar thereupon filed a second darkhast No. 197 of 1922 for attachment of Rs. 9, 900 on February 4, 1922, (Exhibit 23) and it appears that the amount in possession of Wadekar was attached under Order XXI, Rule 46, of the Civil P. C.. Wadekar then made an application No. 187 of 1922 (Exhibit 21) on June 26, 1922, to have the attachment raised on the ground that the amount kept in deposit was to be paid on condition that he got possession of the house and the condition was not fulfilled. On November 11, 1922, a purshis was given by Wadekar as follows:-- With respect to the amount of deposit mentioned in the application the Court should in the matter of the execution of the darkhast either cause auction to be held or should appoint a receiver and this application should be disposed of.